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Shelley Svidal
An Iranian refugee has won the right to have her teaching qualifications evaluated without the need for original documents.
On January 10, the Ontario Superior Court ruled the Ontario College of Teachers had violated the province’s Human Rights Code by requiring Fatima Siadat to provide original documents to prove her teaching qualifications. Siadat, who taught in Iran for 16 years before fleeing to Canada, feared that the Iranian government might harm her relatives in Iran were she to request the documents.
Siadat originally applied to the Ontario Ministry of Education for a teaching certificate in 1993. She was unable to supply documents proving she met the certification requirements, and the ministry did not grant her a teaching certificate.
The Ontario College of Teachers assumed responsibility for teacher certification in 1997 and again denied Siadat a teaching certificate. After unsuccessful appeals in 2002 and 2004, she took her case to the Ontario Superior Court.
"It is plain and obvious to me that to insist on original, or government certified documents from her place of origin, is prima facie discriminatory against her, in view of the evidence she has provided," wrote Justice John Brockenshire. "The obligation was upon the [Registration Appeals] Committee to provide individual accommodation, unless it could establish that accommodation was impossible without imposing undue hardship on the College."
One week after the court ruling, the college invited Siadat and her lawyer to discuss alternative methods the college could use to determine Siadat’s professional credentials.
"We have accepted the judgment of the court," said Registrar Brian McGowan. "We look forward to an early meeting to discuss how we can assess whether Ms. Siadat can meet the requirements for an Ontario teaching licence. This is a unique case, and the court clearly wants us to make individualized efforts that recognize the difficulties faced by refugees."
How unique is the Ontario case? Are refugees in Alberta having similar problems obtaining teaching certificates?
Not according to Kathy Telfer, Communications Director for Alberta Education. Refugee applicants "have been successful in getting their official documentation from their home institutions, either through their own efforts or through the embassies, so that hasn’t been a problem here," she says.
She adds that only original or official documents are accepted by the ministry’s Teacher Development and Certification Branch. "They’ve had some cases of fraudulent documents, so for that reason, they don’t accept photocopies."
Like the Teacher Development and Certification Branch, the Teacher Qualifications Service (TQS) of the Alberta Teachers’ Association requires original or official documents when evaluating teachers’ years of education for salary purposes. The exceptions are certified copies of original documents, which TQS receives from Alberta Education, and the lists of graduates it receives from the deans of education at the universities of Alberta, Calgary and Lethbridge. In the absence of original or official documents, TQS would still open a file and do its best to verify the applicant’s information, whether through a postsecondary institution or a Canadian embassy in his or her home country.
"We would try to pursue whatever’s available to us to get some kind of evidence," says Victoria Petrach, TQS Staff Assistant. "The prime directive for us is to use official documentation. In the absence of that, we do try to verify the information the best we can, and if that’s not possible, then we really cannot issue a statement."
The Canadian Council for Refugees, a non-profit umbrella group representing 180 member organizations across the country, would question the rigidity of those requirements.
The Ontario Superior Court ruling "deserves to be carefully reviewed by governments and professional bodies across Canada," said Council President Elizabeth McWeeny. "Refugees are often unable to obtain documents from their home country because of the persecution they fled. The legitimate goal of evaluating foreign credentials needs to be achieved in a flexible way that takes into account the fact that some refugees who have the required qualifications will not be able to provide full documentary evidence."
Teacher Qualifications Service:
What it is and what it does
The Teacher Qualifications Service (TQS) of the Alberta Teachers’ Association is responsible for issuing statements that indicate years of teacher preparation for salary purposes. A teacher’s initial placement on the grid depends on both years of education and years of experience. TQS evaluates the former while school boards are responsible for assessing the latter.
All applicants must complete an application form and remit fees ranging from $60 for Alberta-educated applicants to $100 for those who have attended postsecondary institutions outside the province. Applicants must also submit evidence of teaching authority, such as a teaching certificate; official transcripts from all postsecondary institutions attended by the applicant; and, if not noted on the transcript, evidence of a degree. Applicants who are reapplying under a new name must also provide evidence of the change of name, such as a marriage certificate.
TQS often receives calls related to teacher certification, but it and the Teacher Development and Certification Branch of Alberta Education are discrete entities. While TQS evaluates years of education for salary purposes, the Teacher Development and Certification Branch is responsible for issuing interim and permanent teaching certificates. The assessments are independent of each other, and the decisions of one entity are not binding on the other.
Victoria Petrach, TQS Staff Assistant, often receives calls related to teacher certification.—Photo by Koni Macdonald
TQS does not issue a final statement of qualifications until Alberta Education has granted the applicant a teaching certificate or the applicant was born in Canada and appears on a dean’s list. Once all documentation has been provided, the process generally takes 5 to 10 working days, except during peak periods.
TQS Staff Assistant Victoria Petrach points out that school boards’ collective agreements recognize the right of TQS to determine years of education for salary purposes. However, some school boards have separate provisions for recognizing training not recognized by TQS. "For example, if an apprenticeship certificate is not counted as part of the degree, TQS will not grant credit for it under current regulations. Nonetheless, some school boards may still recognize such education for salary purposes due to separate provisions in their agreements," she says.
Teachers do not require a job offer in order to apply to TQS. Applications can be submitted at any time. Once an application is received, TQS will open a file and send the applicant a letter itemizing the outstanding documents. If a school board is indicated on the application, it will receive one copy of the final statement of qualifications and the applicant will receive the other. If a school board is not indicated, the applicant will receive both copies.
TQS evaluations are based on a set of principles that are approved and amended by the Teacher Salary Qualifications Board. Teachers who disagree with their statement are urged to first contact Petrach and then, if still unsatisfied, apply for a re-evaluation by TQS. Further appeals are directed to the Teacher Qualifications Committee and ultimately to the Teacher Salary Qualifications Board.
In 2005/06, TQS issued initial statements of qualifications to 2,463 applicants, of which 100 were educated outside Canada or the United States. Just over half (55 per cent) of applicants were educated in Alberta.
Further information about TQS is available on the Alberta Teachers’ Association’s website at www.teachers.ab.ca (Salary & Benefits > Teacher Salary Qualifications).
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